New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1887-09-11
CRIMINALBAR OF NETWORK.
FEW PROMINENT LAWYERS INCLUDED.

TO WHOM ONE MAY GO WHEN ~ TRouBLE-How
THE CLASS Is REGARDED.
The trials ct those concerne in the Aldermanc
bribery OF 1884 aud especially the trial OF Jacob
Sharp have served to call public attention 10 the
remarkable dearth Of good criminal lawyers in this
! city, In the early histJ " OF New-York. and indeed
Of this country. young Kan educsted to the law
! was trained quite thoroughly for criminal as for
civil practice In fact the probabilities were that his
reputation would very largely depend upon tho de-
gree OF he met with securing the acquttal
| OF those charged with crimes. Il was then part of
the ethics Of ths profession that lawyer especially
one of forensic ability, TO whom legitimate retainer
brought, would not be justified IN refusing to APP
pear In defence of sccused Lerson unless he had
personal knowledge of his guilt The greater the in
| fnence aud eninence OF the lawyer the greater was
the responsibility in such respect The reasoning was
this The prisoner has not been adjudged guilty De-
spite the genera appearances against HIM and the
common belief in his guilt, no may be innocent L. as
counselo OF the court, have no right to put
into the scale OF judgment against him opinion OF
his guilt before he has had opportunity TO be
heard Even though believe him guilty be may not
be it Is my duty to that every fact and circnm-
stance tending to his innocence Is presented 1t
is the province of the prosecuting officer TO present the
! evidence against him. When the jury have passed
upon two, my conscience is clear, whatever the
verdict may be-" Not that there ever was a time
when all criminal lawyers reasoned in that way or
acted upon such ideas but that the spirit which
acuated the most high minded celebrated OF the
lawyers of earlier times.
In this respect the OF the profession has
changed to marked degree within two or three
decades That is certainly true of this metropolis.
It's 900 or more lawyers upon the rolls OF the
Supreme Court would have to be shaken through O
pretty fine sieve to leave single one who would
stand in the relation to criminal trial that
Alexander Hamilton. Rufus Choate, Daniel Webster,
James T. Bra ~, David Graham or Ogden Hoffman
would have occupied. There not to-day In this city
n air oil lary of
an advocate. who Can be persuaded to 60 into the
Court OF Session, to try an orc mary criminal
case involving only such ordinary fee as would Do
considered acceptable for the same amount OF work,
in civil case. And when q man who Is able to pay
OF unusual magnitude Drought to trial. he can
indeed secure the services Of several such persons
but before the trial is lary opened it usually becomes
clear apprehension OF the dulest onooker that
with all their ability and learning in tho law as 1t
affects rights of property, the principles and espe
cally the practice OF the criminal law are things with
which they are unaccustomed 10 deal. The Importa-
tion of Mr. Dougherty IRON Philadep bia. in the
Ceary case emphasized the tact that there is great
CRIMINAL lawyer practising in New-York City.
glance over the list of lawyers whose names are
most frequently mentioned in connection with mpor-
tau htigatons will confirm this statement David
Dudley ied tor many years has confined his profess
sionsl labors to civil causes mofeoS err he has now
reached 10 ad vancei age that he seldom ventures
witsrn the walls Of a court and his work is that
of counsel rather than ad vocate. William NJ Evafts
will hold the attention Of appellate court 'eted
upon his lucid argument based upon profound
knowledge OF the law but II will not be the law Of
crimes TO which he directing their deliberations.
John T. Parsons. one OF tho most eminent. clear
headed aud thoroughly trained OF New-York lawyers,
ared it is said, Tor the first time in tho criminal
courts in defence of Jacob Sharp 1t would be very
substantial reasons, iDdeed that would draw James
G. Carter into the criminal courts Tho same might
be said of such formidable advocates as Joseph III.
nd Snay
r. Lowrey. william Allen Butler, Stephen y.
Nash Professor Dwight, James X. Hill,
Clarence A. Seward, Roscoe Conkling, Henry L.
Clinton Cornelius A. Runkie, exJudge Green. and
many others OF equal or less prominence and 1t is
doubtful If the most OF them could under any circum
stances be persuaded to sccep retainer IN criminal
case. The firm answer would be " am no. orini-
nal Law yer you should consult some one who is
suppose the case OF a citizen OF respectabilit, who
through ncatenation OF circumstances IL made
TO appear guilty OF crime, OF wnlct he Is Innocent,
bat Tor when he is indicted and arrsigned He goe-
to the eminent firm who have tor years gwen him
LEGAL counsel in all business matters and conducted
Tor him his l,gatiens He Is met by the advice sub
stantialy az given above with the addition that they
xilI be- qIad to advise with him. or the Grim NAL
lawyer he may select with regard TO the affair, but
they caunot appear Tor him IN the criminal courts II
he asks as he will be pretty certain to d. to HON he
sught 10 go. he cannot tail to puzzle his advisers.
Ana II they lit down to talk it over, and the lawyers
arr reasonably candid in discussing the position OF
those whom they mention, their words will take
thing OF the following f"im:
fhere ia exJudge William Fullerton. He has
been In his day excellent criminal lawyer. But he
Ia 1nite adj yanced years and much than that
il not in good health and although It'll good civil
advocate he cannot bear he cOgld the
strain OF actively conducting criminal deieucr be-
sides ike many others he find, that civil business
PAYS better Yet all things consdered, he one OF the
best criminal lawyers lett IN tie city.
. John -. Dos Passos started in well as young
man in the criminal courts, but he probably would not
acceot such retainer now he has too much good |
civil business
aGeorpe H. Forster has for District Attorney |
hut il il not easy rec0llect any criminal of i'm
port in which he has appeared at all events OF
late years.
aGeorpe Bliss and Elihu Root rather enjoy the ex-
ctemeot of botly contested criminal trial either
the side of the prosecution defence, aud they are
very clever and quIck-wtted in their methods. bns |
thew have TOO much valuable civil business their
hand. to any risk OF neglecting It,. 49,
"Cbaries W. Brooks has good deal OF the old lash
Toned criminal lawyer about hin, Is good jury |
talker and has sufficient tact not to offend the judge or
prejudice him against the prisoner. Moreover he mas !
had sufficient experience to familiarze himself with
the criminal practice. He stands in tact of the
best OF the few respectable law, ere ia NewYork no
are willing TO be recognized dsuocyely as criminal
lawyers But at the same time OF course ne Is not
man of snch ability reputation as that his
onaracter will OF itself bring ss much strength to |
defence as would many eminent civil lawyers OF
New.York.
Ira shaier showed what kind of a criminal lawyer
he was in the Ceary trial 1t isn't necessary to step
long over his name.
disposed to work. like the mole underground 90 that
his opponent IL always expecting some startiing sur
III Use from him but his Chief successes have lain In
civil causes.
aEx.Judge Homer A. Nelson was one OF the moat
elective means OF defence In the Sharp case and tins
would have been more apparent II ne mad oeen per-
Inited 10 swing freer lance. lie has the elements
in hun essential TOR a good criminal lawyer, but he
has crown 10 prefer civil cases aad IL taxes big fee
n draw MIN into the Oyer and Terminer. Albert
Stickncy plainly was in a strange element in that
case Ii Ia likely that he has had oil he wants OF the
criminal courts tor some time To come.
Z. Bourke Cochran has the elements OF good crimi-
nal lawyer in him, II he would only give them
chance 10 develop.
aJohn H. Townsend frequently appears IN defence
of prisoners and many admire his method OF conduct
ing defence but many do not and 1t - well within
The truth say that he has .arnsd greater rcputa
ton IA a civil than "a a criminal lawyer.
Charles s. Spe' Ger is dead aud John Graham APP
in o or 7ol trial Is like that Of ghost
of his former a, since the iweed triai ne mas